No more freeholders? NJ may force county 'boards of commissioners' instead

Freeholder John C. Bartlett Jr. read a resolution the all-Republican, five-member board adopted on May 2 in opposition to a bill pending in the state Senate that would change the name of freeholders to commissioners.
Erik Larsen

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Freeholder John C. Bartlett, Jr. addresses the public at the Ocean County Courthouse in Toms River in this Asbury Park Press file photo.(Photo: Doug Hood, staff photographer)Buy Photo

TOMS RIVER - What’s in a name? That which we call a freeholder by any other name would most certainly not be as sweet, says John C. Bartlett Jr.

Bartlett explained that if the state Legislature forces counties to change the name of their freeholder boards to “boards of commissioners,” then the next time he is sworn in as one for Ocean County he will be administered two oaths of office in public: the first as a commissioner for strictly legal purposes and the second as a freeholder — the latter being the only title that he will answer to. To be sure, watch Bartlett in the video above read a resolution of protest adopted by his board Wednesday against the proposed bills.

The issue has become decidedly more heated in Ocean and Monmouth counties since the state Senate recently amended the wording of its bill on the subject. In the revised legislation, the switch to “boards of commissioners” would be made mandatory. Under the old bill, each county board would decide for itself whether to keep the title of chosen freeholders or go with commissioners.

The Assembly version of the bill, which still has the optional language, would have to adopt the Senate’s text before clearing the Legislature. Assuming both houses passed the same bill, it must be signed by Gov. Phil Murphy to become law.

Monmouth County Freeholder Director Thomas A. Arnone said if the Senate version of the bill were in fact to become law, it would amount to one more “unfunded mandate out of Trenton” that would place an undue financial burden on county governments.

“The sole reason I am not in favor of this legislation is the fact that counties would be forced to incur the costs of changing the official name on literature and signage,” Arnone said. “It is my hope that our state representatives refocus their efforts and energy on finding ways to reduce the cost of living in one of the most heavily taxed states in the nation.”

State Sen. Joseph Pennacchio, R-Morris, who is the primary sponsor of the legislation, has said the title of freeholder needs to be changed because the name is a vestige of 18th-century civic life in New Jersey, before there was universal suffrage. Therefore, the word could be offensive to women and minorities, who did not have the same rights as white men 300 years ago.

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Monmouth County Freeholder Lillian G. Burry said she knows a thing or two about breaking glass ceilings, and she doesn't need the Legislature to remind her that her voice carries just as much weight as a man's.(Photo: Doug Hood, staff photographer)

Monmouth County Freeholder Lillian G. Burry, who has the distinction of serving as the first woman director of her county’s freeholder board, said it is “deeds, not words,” that matter.

“As the first female Monmouth County freeholder director, I’ve broken through more than a few glass ceilings regardless of title,” Burry said. “The title shouldn’t hinder accomplishments, especially when it comes to serving the public. … By keeping our title of freeholders, we are showing the progress made in the evolution of a democratic state.”

State Sen. Vin Gopal, D-Monmouth, said it's time to move into the 21st century and retire the 15th century English title for good.(Photo: Thomas P. Costello, staff photographer)

State Sen. Vin Gopal, D-Monmouth, said there is support for the bill among Democrats and Republicans in the Senate who find the term confusing.

“Here in Monmouth County, we have towns such as Freehold Township, Freehold Borough and Upper Freehold, which make the term even more confusing to voters,” Gopal said.

Over the years, some Monmouth County voters — unfamiliar with New Jersey county government — have been uncertain as to whether they could vote for a freeholder because they did not reside in one of its three towns called Freehold.

“Sen. Pennacchio, a (former) Republican freeholder from Morris County, recently went and asked 20 residents if they knew what a freeholder was and only one knew what it was,” Gopal said. “Everyone knows what a senator does. Let’s make it easier for voters and be in line with the other 49 states with a simpler term so we can increase education and participation.”

The term freeholder dates back to 15th-century English law. In the vernacular of that era, a freeholder was any landowner whose property was not encumbered by a mortgage or lien.

When New Jersey was still a British colony, the term “chosen freeholder” was adopted to identify those freeholders who were elected or appointed from their town to serve as a representative in the county legislature.

However, Bartlett pointed out that it is a lack of historical understanding to assume that the term freeholder meant that women and minorities could not vote.

Indeed, there were women freeholders in the 18th century — single women were allowed to inherit and own property in New Jersey — and between 1776 and 1807, the new American state did not limit suffrage based on gender or race as long as the voter owned property “free and clear.”

“The Ocean County Board of Chosen Freeholders strongly believes that this effort to abolish the term freeholder is part of a larger and ongoing effort to purge from American history anything from our past considered offensive to the values of modern society,” Bartlett said. “Ocean County has consistently striven to improve our future by acknowledging both the good and bad actions of our history, in an attempt to ensure a better future for all.”

Bartlett, who is the longest-serving freeholder in the state of New Jersey having taken office in 1980, said that adopting the name commissioner would result in confusion due to the many types of commissioners whose offices are already in existence at the state, regional and local government levels.

For example, most of the governor’s cabinet members are called commissioners. There are also various boards of commissioners to administer the state’s ports, utilities, its highways and the Pine Barrens, Bartlett said.

The Ocean County Utilities Authority is governed by a Board of Commissioners; so is the Ocean County Library system and the Cultural and Heritage Commission of Ocean County, Bartlett pointed out.

Moreover, Long Beach Township is governed by a municipal Board of Commissioners; so is neighboring Harvey Cedars, he said.

“There is also a cost factor in changing the name of the governing body of the county; signs on county buildings, parks, trucks, stationery and other areas would be necessary,” the freeholder said. “Use of taxpayer dollars in an effort to erase history for no other reason than political correctness is — in the opinion of this board — a misuse of public funds.”

John G. Donnadio, executive director of the New Jersey Association of Counties, said the organization is also against the name changing legislation.

There are far more pressing issues of state the Legislature should be focused on, such as reauthorizing the 2 percent cap on interest arbitration awards for police and firefighter unions, Donnadio said.

The measure, which expired at the end of 2017, required arbitrators in collective bargaining disputes to take property taxes into account when issuing awards for salary increases.